MySignals SW Complete Kit (eHealth Medical Development Platform)

MySignals is a development platform for medical devices and eHealth applications. You can use MySignals to develop your eHealth web or even to add your own sensors to build new medical devices.

The MySignals SW Complete Kit includes 17 sensors which can be used to monitor more than 20 biometric parameters. All the data gathered by MySignals is encrypted and sent to the user's private account at Libelium Cloud through WiFi or Bluetooth. The data can be visualized in a tablet or smart phone with Android or iPhone Apps.

LIBELIUMÂ´S TERMS AND CONDITIONS OF SALE AND USE FOR MySignals PRODUCTS

Thank you for buying our products. By buying any MySignal Product (the "Products"), you ("You") accept and agree to be bound by these Terms and Conditions of Sale and Use for MySignals Products (âthese T&C"). It is important for You to read each section of this document, as it is legally binding between You and Libelium Comunicaciones Distribuidas, S.L., a company legally incorporated and existing under the Laws of Spain, with Tax (VAT) number ES-B99135832 and registered address at c/ EscatrĂłn 16 (Edificio LIBELIUM), 50014 Zaragoza, Spain (âLIBELIUMâ), regarding your purchase and use of the Product. Please, read this whole document before buying and/or using your Product.

SECTION I. DISCLAIMER

1. DISCLAIMER

1.1 MySignals Products are not medical devices or healthcare services, nor are they intended for medical diagnosis, cure, mitigation, treatment, advice or prevention of disease. They are intended to serve as a R&D Platform to develop eHealth, fitness, wellness or biometric products and software, and are therefore intended for research, product development and education. By buying these Products YOU represent and warrant to LIBELIUM that (i) YOU are of age; and (ii) YOU are a developer or a researcher.

1.2 MySignals Products are not finished products, so they are not intended to be purchased by End Users, but by developers, researchers and OEM Customers. End Users buying these Products are hereby advised that MySignals Products are not a replacement for professional medical care and thus they are solely responsible for obtaining proper medical care to their conditions. End Users should not rely on the biometric information gathered through MySignals Products for any healthcare purpose.

1.3 Products are provided "as is," and LIBELIUM makes no express or implied warranty whatsoever, with respect to their functionality, operability, use, or exactitude of the biometric information gathered, including, without limitation, any implied warranties, fitness for a particular purpose, or infringement.

1.4 Customers/OEM Customers shall be solely responsible for (i) any representation or warranty given to any End User in excess of the warranty provisions set forth in these T&C; (ii) any act or omission by any person accessing or using any Product, Data Service, or Software App for purposes different than the ones expressed above; and (iii) acts or omissions by any person accessing or using the Products or the Data Services by using Customers/OEM Customers âaccounts or passwords.

1.5 LIBELIUM expressly disclaims any liability whatsoever for any direct, indirect or consequential damages, including, without limitation, lost revenues, lost profits, losses resulting from business interruption or loss of data, regardless of the form of action or legal theory under which the liability may be asserted, even if advised of the possibility of such damages.

1.6 The Cloud Site is offered free of charge to Customers as a beta version during its first year. As long as Customers are using the beta version, any Content sent to the Cloud Site may be not accessible, restricted or erased, at LIBELIUMÂ´s sole discretion. As soon as the full version of the Cloud Site is available, Customers may opt for hiring the full version of the Cloud Site, by paying the then current Fee, or for maintaining access through the beta version, subject to the above-mentioned limitations.

2. NO WARRANTIES

2.1 LIBELIUM does not warrant the accuracy of the biometric information gathered by using the Products; Data Services uploaded from any device are received by LIBELIUM and provided to Customers âas-is.â LIBELIUM does not assume any obligation to, and does not warrant that it will create or include additional features or functionality for the Products.

2.2 Except in case of non-conformity with the specifications, as per the Warranty provisions in Section 13, if YOU are dissatisfied with any of the Products, your sole and exclusive remedy is to discontinue their use.

2.3 LIBELIUM does not warrant that access to the Cloud Site will be uninterrupted or error-free; neither does it warrant that the Content will be permanently stored totally or partially in the Cloud Site for Customer disposal, without modifications or alterations, because although LIBELIUM will do its best to adopt adequate security measures to preserve Content accuracy and integrity, as well as Customer access to its Content through Data Services, security measures on the Internet are not impregnable.

SECTION II. GENERAL COMMERCIAL TERMS

3. DEFINITIONS

a) âAPIâ (api.libelium.com/mysignals) shall mean any application programming interface (code and binary) belonging to LIBELIUM and offered in a kit with the Products, or independently, either in consideration for a license fee or for free download, at LIBELIUMÂ´s discretion. For the avoidance of doubt, API shall be offered as a software license only.

b) âCloud Siteâ (cloud.libelium.com/mysignals), shall mean the Internet site where all biometric information gathered through any Product (âthe Contentâ) is sent for permanent storage. The Cloud Site is a server located in the European Union.

c) âCustomerâ shall mean a developer or researcher validly purchasing and/or obtaining a license on the Product within the framework of its professional or business activity.

d) âEnd Userâ shall mean an individual purchasing the Products for its own use, or attending to Training, out of the scope of any for-profit business or professional activity.

e) âData Servicesâ shall mean the storage/visualization services offered by LIBELIUM in connection with the Content, which can be either stored in the Cloud Site or being visualized and stored in real time by sending the data directly to a Smartphone.

f) âDocumentsâ shall include but not being limited to the information contained in LIBELIUMÂ´s Websites, UserÂ´s Handbooks, Technical Guides and Training materials.

g) âFeesâ shall mean the monetary remuneration paid by Customers/End Users in consideration for any service offered by LIBELIUM, such as, but not limited to Cloud Site and Data Services.

h) âIntellectual Property Rightsâ shall include but not to be limited to proprietary rights, know-how, software, algorithms, binaries, codes, trademarks, slogans, translations, utility models, trade names, domain-names, designs and models and any applications thereof as well as copyrights and related rights, trade secrets and confidential information, concerning the Products and the Documents.

i) âOEM Customerâ shall mean a company or entity purchasing Products with the purpose of embedding them into other products.

j) âMySignalsâ is a registered trademark of LIBELIUM, under which the Products are marketed.

k) âPricesâ shall mean the monetary remuneration paid by Customer/OEM Customer in consideration for Products. Unless otherwise established in writing, prices shall be deemed as expressed in Euro currency and shall be considered FCA LibeliumÂ´s premises in Zaragoza, Spain (IncotermsÂŽ 2010),

l) âProductâ or âProductsâ shall mean the R&D platforms for eHealth, fitness, wellness or biometric products, marketed by LIBELIUM under the common trademark âMySignalsâ and hardware devices, software programs and upgrades, solutions and services developed, manufactured and marketed by LIBELIUM.

m) âTrainingâ shall mean any training connected to the Products offered by LIBELIUM in consideration for a fee.

These T&C shall apply to all offers and sales of Products made by LIBELIUM to Customers and OEM Customers.

Specific terms and conditions agreed upon for a particular order shall not bind LIBELIUM for future orders. A purchase order submitted to LIBELIUM or the reception of Products supplied by the latter implies express acceptance of these T&C, upon which only specific selling terms agreed upon by LIBELIUM and Customer/OEM Customer on a case by case basis, will prevail.

5. OFFERS

Unless expressly stated otherwise in a specific offer, LIBELIUMÂ´s offers shall be valid for thirty (30) calendar days from the date in which they were communicated to Customer/OEM Customer, after which they will not bind LIBELIUM.

6. DISCONTINUANCE OF SUPPLY

LIBELIUM shall be entitled at any time to discontinue the production, sale or distribution of any of its Products, to change the design, structure, or functionality of any of its Products and any part thereof, to amend the Products and to change its service, warranty or other policies. LIBELIUM engages to support discontinued Products with parts availability and bug fixes as long as such stocks are not sold out.

LIBELIUM cannot guarantee continuance of supply of those Products or components supplied by third parties other than LIBELIUM.

7. PRICES AND FEES

LIBELIUM shall be entitled to modify its Prices and Fees at any time without prior notice and therefore, Customer/OEM Customer undertakes to ask for an offer for every order.

Any Prices and Fees list disclosed by LIBELIUM supersedes and makes unenforceable any preceding one as from the date of its coming into force. The valid Prices and Fees list shall be the one in force at the time of placing an order.

Unless a different provision is included in LIBELIUMÂ´s offer, Prices and Fees do not include:

a. VAT or any other applicable tax or duty.

b. The cost of obtaining any technical certificate required by any authority to distribute the Products in the country of destination, nor any document requested for customs clearance;

c. Any extra costs arising out of, but not limited to, delay during customs clearance in the importing country, whether or not customs clearance is LIBELIUMÂ´s duty.

8. PAYMENT

Unless otherwise expressly agreed upon in writing, payment terms shall consist of a down payment in Euro currency for the full amount of the order. Should any credit be granted to Customer/OEM Customer, any payment delay will increase the debt with the delay interest foreseen under Spanish Act 3/2004 of 29th December, at the then current interest rate.

Any costs and expenses borne by LIBELIUM to collect payments due and accrued shall be reimbursed by Customer/OEM Customer.

9. RETENTION OF TITLE

LIBELIUM shall retain title of Products until complete payment of price has been accomplished by Customer/OEM Customer and shall therefore be entitled to exercise any action to protect its rights, even if Products have been processed by OEM Customers or are in the possession of any third party.

10. ORDERS

Except for online orders, all orders shall be emailed to LIBELIUM, which shall. confirm the order in the same way.

LIBELIUM may reject or cancel any pending order, whenever there are outstanding payments from Customer/OEM Customer.

Orders cannot be cancelled after shipment of Products. Neither can they be cancelled in case of non-stock Products, after the start of the raw materials supply or the manufacturing processes, nor in case of products not manufactured by LIBELIUM which have to be bought from third suppliers.

11. DELIVERY

Unless expressly agreed otherwise, delivery terms shall be FCA LIBELIUMÂ´s premises in Zaragoza, Spain (IncotermsÂŽ 2010). Should Customer/OEM Customer be interested in any other delivery term, it shall inform LIBELIUM thereof at the time of placing its order, in order for LIBELIUM to submit a new quotation.

The Incoterms rule expressed in LIBELIUMÂ´s offer shall not be waived by the fact that Products are sent to Customer/OEM Customer with shipping costs prepaid by LIBELIUM at Customerâs prior request.LIBELIUMÂ´s invoice shall break down any shipping or extra costs prepaid, taking into account that LIBELIUM shall not assume any liability concerning customs clearance requirements in the country of destination.

Delivery time shall be the one disclosed in LIBELIUMÂ´s offer and shall start the day after full payment is made by Customer or, should any credit be granted by LIBELIUM, the day after a down payment is made by Customer in the amount agreed upon with LIBELIUM.

Under no circumstance shall LIBELIUM be considered responsible for any delay in delivery due to the carrierâs or third partiesâ failure.

LIBELIUM shall inform Customer/OEM Customer as soon as possible about any circumstance beyond its responsibility and preventing the agreed delivery time from being met, stating the reasons of the delay, in which case both parties shall agree on a new delivery time, which shall not imply Customerâs/OEM CustomerÂ´s right to cancel the order or to claim for any compensation.

12. SHIPPING COSTS.

The FCA LibeliumÂ´s premises in Zaragoza, Spain delivery term shall not be waived by the fact that Products are sent with shipping costs prepaid by LIBELIUM to the address disclosed by Customer, at Customerâs prior request.

Products shipped by LIBELIUM do not include any shipping insurance; any Customer interested in taking out said insurance must expressly inform LIBELIUM thereof in writing at the time of submitting an order, indicating the kind of coverage desired. The cost of the shipping insurance shall be invoiced to Customer as a part of the shipping costs.

13. WARRANTY

13.1 Warranty and Warranty Period. LIBELIUM guarantees that the Products comply with the specifications in its offers for a period of one (1) year from the date of delivery, shipping document giving evidence (âthe Warranty Periodâ), provided that they are handled, shipped, stored, operated, used and maintained according to the instructions in LIBELIUM UserÂ´s Handbooks. Therefore, LIBELIUM assumes liability only for non-conformities caused by actions or negligence attributable to LIBELIUM before the Products were delivered to the first carrier.

Customer/OEM Customer shall check deliveries immediately after reception at destination and shall inform LIBELIUM in writing within seven (7) days about any apparent non-conformity. After such term, Customer/OEM Customer shall not be entitled to bring any claim regarding quantitative shortcomings or apparent non-conformities which should have been noticed during unboxing/unpacking, and LIBELIUM shall not be obliged to accept return of such Products. Claims for hidden defects or qualitative non-conformities must reach LIBELIUM in writing within thirty (30) days after Customer/OEM Customer learned of the non-conformity, and in any event, within the Warranty Period.

13.2 Warranty Procedure. The following procedure shall apply to any non-conformity notified to LIBELIUM within the Warranty Period:

a) Customer/OEM Customer shall report any alleged non-conformity to LIBELIUMÂ´s After Sales Service through the website: http://www.libelium.com/support, including a detailed list of all alleged non-conformities;

LIBELIUM shall count on five (5) banking days to reply, either by admitting the claim, or by rejecting it;
If the claim is admitted, LIBELIUM shall notify its acceptance to Customer/OEM Customer and shall choose, at its discretion, either to replace or amend the non-conforming Product at no additional cost to Customer/OEM Customer. The Warranty Period of any replacing Product shall be the same remaining for the replaced Product;
Lack of answer by LIBELIUM within the term expressed above shall be deemed as a rejection of Customer/OEM CustomerÂ´s claim. Any cost resulting from analysis or essays to ascertain if non-conformity exists, shall be paid by LIBELIUM should the result show Product non-conformity and by Customer/OEM Customer in case they are conforming;

a) Replacement Products may be either new or equivalent in performance to new. LIBELIUM does not warrant: (i) that the components in any replacement Product come from the same supplier or are exactly the same as in the replaced Product; nor (ii) that the operation of Products will be uninterrupted or error free. Products may contain remanufactured parts equivalent to new in performance or may have been subject to incidental use.

13.3 Shipping and examination costs under the Warranty. Repair service can be obtained by sending the non-conforming Product to LIBELIUM (shipping costs pre-paid), only after a Return Merchandise Authorization (RMA) number is obtained from LIBELIUMÂ´s After Sales Service, according to the instructions in our website. Some of our Products are protected with a safety seal and by removing this seal, Customer/OEM Customer shall be waiving this Warranty.

If the Product is found upon examination by LIBELIUM to be defective, LIBELIUM shall bear shipping costs incurred in returning the Product to Customer/OEM Customer, as well as all costs involved in LIBELIUMâs examination of the Product. If the Product is found upon examination by LIBELIUM to be conforming, Customer/OEM Customer shall bear shipping costs incurred in returning the Product.

LIBELIUM may, at its discretion, demand the Product claimed to be non-conforming to be inspected or tested by an independent third party acceptable to LIBELIUM.

13.4 Scope of the Warranty. The scope of this Warranty is limited to hardware components in the main board, sensor board and radio shields, manufactured by LIBELIUM.

13.5 Warranty exclusions. This Warranty does not apply to non-conformities resulting from:

a) Hardware. Any hardware component manufactured by third parties, either integrated in the Products or sold together with the Products as a kit, and namely, but not limited to:
Batteries (performance and life);
Any external component which get deteriorated through normal wear and tear, such as antennas, sensor probes, solar panels, connectors, etc;
Any perishable component, such as calibrated gases sensors, which lose a small percentage of its original calibration monthly.

b) Software. LIBELIUM hereby waives any warranty concerning software developed or cloud services provided by third suppliers or partners, including but not limited to communication stacks included in radio modules or in digital sensor probes. Access to such software or services is solely provided to facilitate operation of the Products by Customer/OEM Customer and to these effects, Customer/OEM Customer must check and accept the terms and conditions of use by each supplier or partner. Software adapted or developed by LIBELIUM for its Products is offered âas isâ without any express or implied warranty. LIBELIUM hereby advices Customer/OEM Customer to avoid using this software for medical and health applications and, in general, in any critical system on which human lives or public health may depend (nuclear power plants, reservoir lock gates, security systems, etc.)

c) Installation, maintenance, calibration and use. LIBELIUM hereby waives any Warranty concerning non-conformities arising from:
Improper storage;
Failure to follow installation instructions in UserÂ´s Handbooks. Liability should be claimed from the company carrying out installation (i.e. parking projects, where LibeliumÂ´s instructions are to demarcate each parking space and install the node in the middle of such space);
Bad/lack of maintenance: UserÂ´s Handbooks contain guidance on periodical maintenance (cleaning sensors with water, removing dust from filters, etc.). Liability should be claimed from the company carrying out maintenance, or directly from end-user if there is no such maintenance service;
Wrong Product calibration;
Unauthorized modification or misuse;
Operation outside of the published environmental specifications for the Products;
Damaged materials or parts as a result of normal wear and tear;
Poor/Faulty performance of the products in which the Products are embedded by Customer/OEM Customer;
Non-conformities and defects which are proved to have been caused by actions or negligence committed after the Products were delivered to the first carrier;
Non-performance or faulty performance of the Products as a result of radio-frequency use restrictions or power broadcasting restrictions in any given country;
Any connectivity error resulting from poor coverage and attributable to the connectivity services supplier;
Ingress of dust and/or water resulting from poor closing of the parking node enclosure, and attributable to the company/ies programming the node or performing installation.
inadequate Product voltage selection by Customer/End Customer.

d) Product Certification. Detailed information about the certifications of the Products can be found in the respective Technical Guides. LIBELIUM does not warrant that the Products count on specific product certifications required in any given country, so itÂ´s Customer/OEM CustomerÂ´s responsibility to check whether the Products can be imported and resold in the intended country of destination.

e) External Agents. Damages caused to the Products by external agents, such as, but not limited to animals or weather condition (lightning, storm, wind, flooding, fireâŚ), shall be considered as Force Majeure events, not covered under the Warranty.

f) Product voltage options
There are 110 V and 220 V Product options. It is the responsibility of the Customer/End User to select the adequate voltage for the country of intended use.

13.6 Liability Waiver

a) Under no circumstance shall LIBELIUM be liable for indirect, incidental or consequential damages caused by the Products, including but not limited to loss of data or of profit.

b) Customer/OEM Customer is responsible and liable to end users for any warranty given in excess of this Warranty and shall indemnify and hold LIBELIUM harmless for any unauthorized warranty provided.

c) Customer/OEM Customer agrees to defend, indemnify and hold LIBELIUM harmless from all claims, injuries, costs, expenses and damages, including attorneys' fees, resulting from:
any warranties or representations concerning the Products, either expressed or implied, made by Customer/OEM Customer or their employees, which are beyond LIBELIUMÂ´s Warranty Policy;
any distribution or sale of the Products by Customer/OEM Customer or their employees for a purpose or application that has not expressly been agreed upon by LIBELIUM;
any alteration of the Products by Customer/OEM Customer or their employees that has not expressly been agreed upon by LIBELIUM;
failure by Customer/OEM Customer or their employees to maintain the Products in saleable condition;
any fault made by Customer/OEM Customer or their employees during checking, testing or embedding of the Products;
any action brought against LIBELIUM by Customer/OEM Customer' s employees.
any claim brought by Customer/OEM CustomerÂ´s customers for injuries or damages of any kind (including but not limited to loss of or physical damage to the customer's tangible property, personal injury, death or economic loss), caused by products in which the Products have been embedded by Customer/OEM Customer.

d) This warranty is in lieu of all other warranties, expressed or implied, and no representative or person is authorized to assume for LIBELIUM any other liability in connection with the sale of the Products. In the event of a warranty claim LIBELIUMÂ´s entire and sole responsibility to Customer/OEM Customer is as set forth above, with the limit of the price paid. No claims based on product liability shall be accepted by LIBELIUM in cases different than the ones established in the preceding paragraphs.

e) To the extent permitted by law, LIBELIUM's Product liability for damages caused by Products is limited to a global amount of one million and two hundred thousand Euro (1,200,000.00 âŹ) per accident, for personal injury and material damages.

14. USE OF THE DOCUMENTS

Use of the information contained in the Documents is subject to the following terms and conditions of use:

a) All Documents and any examples they contain are provided as-is and are subject to change without notice. Except to the extent prohibited by law, LIBELIUM makes no express or implied representation or warranty of any kind with regard to the Documents, and specifically disclaims the implied warranties and conditions of merchantability and fitness for a particular purpose.

b) LIBELIUM shall not be liable for any errors or incidental or consequential damage in connection with the furnishing, performance or use of the Documents and the examples included. No part of the Documents may be reproduced, stored in a retrieval system, or transmitted in any form or any means electronic or mechanical, including photocopying and recording, for any purpose other than the readersÂ´ personal use, without LIBELIUMÂ´s prior written consent.

c) LIBELIUM has created the Documents for the personal use of Customers/OEM Customers and Users, as well as for exterÂ­nal communication. The information in the Documents, whether in whole or in part, cannot be used for commercial purposes without the prior written consent of Libelium.

d) The information on LIBELIUMÂ´s Websites has been included in good faith for general informational purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness.

e) LIBELIUM has taken every care in the preparation of its website. However, as certain technical matters may be beÂ­yond is control, it cannot guarantee that Customers and Users will have uninterrupted access at all times.

f) LIBELIUM reserves the right, at its sole discretion, to modify, disable access to or disÂ­continue, temporarily or permanently, any part or all of its websites or any information contained thereon without liability or notice to Customers.

g) LIBELIUM shall not be liable for any loss, damage, liability or expense incurred in or suffeÂ­red that is claimed to have resulted from the use of the Documents, including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of the Websites is at the Customerâs sole risk.

h) Links on the Documents to third-partiesÂ´ websites are provided solely as a convenience to Users. By using these links, User will leave LIBELIUMÂ´s websites. LIBELIUM has not reviewed all of these third-parties âdocuments/websites and does not control and is not responsible for any of these sites or their content. Access to any of these third-parties âdocuments/websites linked to this website, is entirely at UserÂ´s own risk.

15. INTELLECTUAL PROPERTY

MySignals names, designs and logos are a tradeÂ­mark of LIBELIUM (âthe Trademarkâ).

Products are protected by intellectual property rights belonging to LIBELIUM.

Nothing in the Documents or in these T&C shall be construed as to grant Customers a license or any other right on LIBELIUMÂ´s trademarks, patents or other Intellectual Property rights. Customers are not permitted to copy, modify or use the Trademarks without the prior written consent of LIBELIUM. Any other trademark that may appear in the Documents are the property of their owners.

Customers/ OEM Customers shall refrain from incurring in any action that may obstruct the granting of pending patents or any other intellectual property right for which LIBELIUM may have applied.

The design and source codes in LIBELIUMÂ´s websites, as well as any logo, trademark, trade name and any other symbols in them belong to LIBELIUM or its suppliers and customers and are protected under the corresponding intellectual property regulations. Any use, reproduction, distribution, broadcasting, public disclosure, transformation or any other similar activity is prohibited unless LIBELIUMÂ´s or their ownersÂ´ prior written consent is obtained.

The contents in LIBELIUMÂ´s websites are also protected by LIBELIUMÂ´s or its suppliers âintellectual property rights. Their use or reproduction is subject to express citation of LIBELIUMÂ´s URL address. This citation is only permitted though a cover image or explanatory text linking to the website; integration in a different website is expressly prohibited. Any other use of the contents of LIBELIUMÂ´s websites requires LIBELIUMÂ´s express written consent.

16. PRIVACY POLICY

Please refer to https://www.libelium.com/privacy-policy/. In addition to our general Privacy Policy, the following Terms shall apply to Customers/OEM Customers/End Users purchasing MySignals Products and Data Services:

a. Any personal data sent to the Cloud Site shall be recorded in a file named âMySignalsâ, Libelium being the Controller.

b. Our Data Services allow You to store or share Your Content, which remains Your property and You are solely responsible for it.

c. When You upload, submit, store, send or receive Content to or through our Cloud Site, You give LIBELIUM (and those LIBELIUM work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (i.e., so that Your Content works better with our Data Services), communicate, publish, publicly perform, publicly display and distribute such Content in a non-personally identifiable manner.

d. To protect Your Content, keep your password to the Cloud Site confidential. You are responsible for the Content you upload, specially if there are third parties âpersonal data in the Content. End User shall never have direct access to the Cloud Site, only if Customer/OEM Customer develops a specific app allowing End User access its biometric data, but this app will always be out of the scope of LIBELIUMÂ´s control and the total responsibility of Customer/OEM Customer.

e. Customers/OEM Customers acting as resellers:
According to sections 1.2 and 1.4 of these T&C, LIBELIUM does not intend to collect any personal health data from End Users and hereby waives any liability, either express or implied, resulting thereof. Customers/OEM Customers shall be solely responsible for collecting End Users âprior written consent before processing any personal health data and for complying with all applicable Data Protection Regulations.
Customers/OEM Customers are responsible for making this privacy policy available to End Users to which they resell the Products or any derivative work thereof.

f. Data Services: any Content shall be sent encrypted to the Cloud Site. To these effects LIBELIUM warrants that any Content sent by using MySignals SW shall be encrypted; as regards the Content sent by using MySignals HW, LIBELIUM offers Customers/OEM Customers the tools for encryption, but encryption shall be the responsibility of Customer/OEM Customer. The Cloud Site is located in the European Union, so no international transfer of data is envisaged. However, if, at any time, the Cloud Site is moved out of the European Economic Space, then Users, Customers and OEM Customers are hereby warned that by purchasing the Products, they expressly consent to the international transfer of such data. Customers and OEM Customers shall be responsible for extending this warning to End Users.

17. GOVERNING LAW AND DISPUTE SETTLEMENT

17.1 Governing Law: These T&C shall be construed according to and governed by the Laws of the Kingdom of Spain.

17.2 Dispute settlement: Any dispute, controversy or difference arising out of or in relation to or in connection with these T&C or for the breach thereof shall be amicably and promptly solved by the Parties hereto through mutual consultation. Should such amicable settlement be not reached within a month, such dispute, controversy or difference shall be definitively settled by arbitration, to the exclusion of any other jurisdiction to which the Parties may be entitled to, in accordance with the rules of the International Court of Arbitration, which shall appoint one arbitrator and shall govern the arbitration procedure according to its By-laws and Arbitration Regulations. The place of arbitration shall be Paris and the language of arbitration shall be English. The Parties expressly agree to fulfill the arbitration award in good faith. The costs of arbitration shall be borne by the unsuccessful party.

17.3 Class action waiver: any proceeding to settle any dispute in any forum will be conducted solely on an individual basis. Neither YOU nor LIBELIUM will seek to have any dispute heard as a class action. No arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations.

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Description

MySignals is a development platform for medical devices and eHealth applications. You can use MySignals to develop your eHealth web or even to add your own sensors to build new medical devices.

The MySignals SW Complete Kit includes 17 sensors which can be used to monitor more than 20 biometric parameters. All the data gathered by MySignals is encrypted and sent to the user's private account at Libelium Cloud through WiFi or Bluetooth. The data can be visualized in a tablet or smart phone with Android or iPhone Apps.

The API Cloud allows to access to the user's private account and get the information previously stored to be visualized in a third party platform.

Related Tutorials

MySignals is a development platform for medical devices and eHealth applications. You can use MySignals to develop your eHealth web applications or even to add your own sensors to build new medical devices.

MySignals HW V2.0 is a development platform for medical devices and eHealth applications. You can use MySignals to develop your eHealth web applications or even to add your own sensors to build new medical devices.

If you are interested in Internet of Things (IoT) or M2M projects check our open
source sensor platform Waspmote
which counts with more than 100 sensors available to use 'off the shelf', a complete API with hundreds of ready to use codes and a low consumption mode of just 0.7µA to ensure years of battery life.

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When you (âYOUâ) use LIBELIUMÂ´s websites, fill in any form supplied by LIBELIUM or deliver your business card to our sales force, YOU consent to the use of your personal information by us in the manner specified in this Privacy Policy. This Policy may change periodically, so YOU should check back from time to time.

All references made in this Privacy Policy to specific Articles shall be deemed made to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (âthe Regulationâ).

Personal Data Collection

Following the Regulation and Spanish Regulations on Data Protection, LIBELIUM hereby informs its Customers and websites users (collectively, âUsersâ) that any personal data supplied shall be recorded in an automated file named âCUSTOMERSâ for which LIBELIUM is the Controller and also the Processor and located at LIBELIUMÂ´s registered address at c/ EscatrĂłn 16. 50014 Zaragoza, Spain.

The Processors are the following: a) Amazon Web Services Inc., located at EU (Ireland), only for purposes of storing personal data; and b) Openbravo, LIBELIUMÂ´s ERP supplier, located at EU (Spain), for the purpose of managing our data bases. All personal data are sent encrypted to Amazon.

By filling any form in LIBELIUMÂ´s websites, Users consent: (i) to the processing of their personal data by LIBELIUM for the purposes mentioned below; (ii) to receive promotional offers of LIBELIUMÂ´s and its suppliers and partnersâ Products and Services; and (iii) to the fact that LIBELIUM may make such data available to its partners or suppliers to the sole purpose of enabling service provision.

USERÂ´s rights (Articles 12 to 22):

Any request by Users in connection with their rights mentioned below, shall be answered by LIBELIUMÂ´s Data Protection Officer within a month.

3.1.Transparency and Information (Articles 12-14):

a. What type of personal data do we collect?: the forms in our websites only collect name, email address and country or origin. The forms in our marketplaces collect additional information, such as address, telephone and credit card number. Disclosure of these data is compulsory for making any purchase through our marketplaces. LIBELIUM does not collect any sensitive data (Articles 9&10) from Users through the forms in its websites. Please refer to LIBELIUMÂ´s Terms and Conditions of Sale and Use for MySignals Products (https://libelium.com/downloads/MySignals-Terms-and-Conditions.pdf), to learn about collection and processing of CustomerÂ´s data on health. LIBELIUM may record any or all telephone conversations with YOU and store them in the above-mentioned âCustomersâ file. By phoning to LIBELIUMÂ´s customer service telephone numbers, YOU consent to the recording of these conversations.

b. Why do we collect your personal data? LIBELIUM warrants that the purposes of this personal data processing shall be lawful at all times, namely: (a) to provide You access to LIBELIUMÂ´s websites, marketplaces, products and services; (b) to respond to Your requests for information; (c) to send You information on LIBELIUMÂ¨s products and services; (d) to allow those of our partners who help us provide and improve our products and services, send You tailored information on related products or services, or provide you access to additional services; (e) for R&D purposes, allowing LIBELIUM develop new products and services or improve the existing ones; (f) to collect YOUR consent to the terms of use of forums and other sections in LIBELIUMÂ´s websites; and (g) if applicable, to consider Your application for employment with us.

c. What do we do with your personal data? Our processing shall be the following:

Collection, always with your consent, either by filling our forms, by delivering your business card to our salesforce, or by entering a contractual relationship with LIBELIUM by purchasing our products and/or services. LIBELIUM shall not process any personal data not directly obtained from YOU. Any User feeling that his/her personal data have been disclosed to us without his/her consent, may contact our DPO to ascertain the source from which his/her personal data originate, and to exercise any of the rights mentioned below. LIBELIUM reserves its right to exclude from any service for which prior registration is required, any User having provided false or inaccurate data, notwithstanding any other legal action to which LIBELIUM may be entitled.

Storage: our supplier is Amazon Web Services Inc., whose servers are located in Ireland. As already mentioned, our data bases are sent encrypted to Amazon.

Structuring of Users data by market, product, service, etc.

Recording: LIBELIUM may record phone conversations with Users, to have an evidence of their requests (of info, services, assistanceâŚ).

Pseudonymisation meaning the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information,
provided that such additional information is kept separately. This is what we do with any data concerning health and obtained through MySignals products and services, which are obtained only to provide MySignals Customers access to their historical.

Profiling: LIBELIUM shall not make any profiling by using personal data.

Disclosure by transmission to some of LIBELIUMÂ´s service providers or partners (Recipients), who help us provide the services you enjoy by using our websites or purchasing our products and services.

Cross-border transfer: Cross-border transfer of data may exist, as LIBELIUMÂ´s service providers and partners may be either in the European Union or in third countries, always within a Privacy Shield Framework

Consultation and use by Libelium, for the purposes explained above.

Restriction, erasure or destruction, as per your request, or when the term of data processing, as explained below, comes to an end.

Personal data shall be processed by using the security measures requested by the Regulation to avoid any personal data breach (meaning a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed). Users may nevertheless be aware of the fact that the existing security measures for computer systems on the Internet are not entirely trustworthy.

d. For how long do we store your personal data? personal data will be stored for the period strictly needed to serve the purposes described above and in connection with each kind of processing, for instance: (i) for the term of the contractual relationship entered with LIBELIUM and six years following its termination, according to Spanish Accountancy Regulations; (ii) as long as YOU do not exercise your right to erasure; (iii) for six years after your last statement of interest.

e. How can YOU exercise your rights? Please contact LIBELIUMÂ´s Data Protection Officer (DPO), by email (privacy@libelium.com) or at the following address: LIBELIUM COMUNICACIONES DISTRIBUIDAS, S.L. Attn. Data Protection Officer, C/ EscatrĂłn 16. 50014 Zaragoza (Spain). Users may request from the DPO at any time access to and rectification or erasure of personal data or restriction of processing concerning their data, as well as data portability; Users may, at any time, withdraw consent without affecting the lawfulness of processing based on consent before its withdrawal; Users may at any time lodge a complaint with the Spanish Agency on Data Protection (www.agpd.es) or with any other Supervisory Authority;

3.2. Right of Access (Article 15)

Users shall have the right to obtain from our DPO confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to their personal data. Our DPO shall provide a copy of the personal data undergoing processing. For any further copies requested by User, the DPO may charge a reasonable fee based on administrative costs. Where User makes the request by electronic means, the information shall be provided in a commonly used electronic form.

3.3. Right to Rectification and Erasure (âright to be forgottenâ, Articles 16-17)

Users shall have the right to obtain from the DPO without undue delay the rectification of inaccurate personal data concerning him or her, and to have incomplete personal data completed, including by means of providing a supplementary statement.

Users shall also have the right to obtain from the DPOr the erasure of personal data concerning him or her without undue delay, in the circumstances set forth in Section 17 of the Regulation.

3.4. Right to restriction of processing (Articles 18-19)

Users shall have the right to obtain from the DPO restriction of processing in the circumstances set forth in section 18 of the Regulation.

3.5. Right to data portability (Article 20)

Subject to the restrictions in Section 20 of the Regulation, Users shall have the right to receive their personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

(a) the processing is based on consent previously granted; and

(b) the processing is carried out by automated means.

In exercising his or her right to data portability Users shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

3.6. Right to object and automated individual decision-making (Articles 21-22)

Users shall have the right to object at any time to processing of personal data for direct marketing purposes, for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the Regulation.

Moreover and subject to the limitation in Section 22 of the Regulation, Users hall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

Website navigation and Cookies

By navigating on LIBELIUMÂ´s websites you accept our using âCookiesâ, unique identifiers that we transfer to your device to enable our systems to recognize your device and to:

Identify you when you sign-in to our sites, allowing us to provide you with product recommendations and display personalized content;

Conduct research and diagnostics to improve LIBELIUM's content, products and services;

Prevent fraudulent activity;

Improve security.

YOU may visit LIBELIUMÂ´s websites without disclosing your identity or any personal data, unless YOU voluntarily choose to disclose such information by filling the forms in our websites. LIBELIUMÂ´s servers may only collect domain names and IP addresses but not email addresses of their visitors. This kind of information is used to elaborate reports on visit statistics, the time spent in our websites, websites accessed, the general origin of visitors (through âFavoritesâ, search engines, links from other websites, etc.) to the sole purposes of getting information on how our websites are used and improving their contents and services.

LIBELIUMÂ´s websites may provide links to other sites but LIBELIUM assumes no liability on the privacy policies adopted by the linked sites, directly or indirectly. Links to other sites are provided as a suggestion only and do not imply LIBELIUMÂ´s warranty or liability concerning their quality, accuracy or contents of the information provided therein.

LIBELIUM does not warrant the veracity or accuracy of the information disclosed by its suppliers, partners, developers or third parties whose products or services are offered through LIBELIUMÂ´s websites, their origin, ownership or the use or practical implementation made by Users.